MODELO PAISAJE NATURAL

An area of interest in the EMN study was whether or not the right to reception and other services (such as accommodation, healthcare, education and employment) that are offered to asylum seekers continue to apply after the application for international protection is rejected and, if so, for how long. The synthesis report explores whether reception supports are continued or altered and in what circumstances; for example, for how long a rejected applicant will continue to have supports after their application has been rejected (European Migration Network, 2016b, pp. 12–15). Section 4 looks at this in more detail.

The reception system in Ireland is known as ‘direct provision’ and covers state- provided accommodation as well as medical, education, social protection and other State services.42 _{Protection applicants are offered accommodation on a full}

board basis.

41_{Omar v. Governor of Cloverhill Prison [2013] IEHC 579.}

Just over half of all protection applicants reside in direct provision accommodation centres; the offer of accommodation is made to all protection applicants but there is no legal obligation to accept it. According to the Report on improvements to the protection process, ‘accommodation arrangements are not known for the remaining group – they may stay with friends/family or in private accommodation at their own expense’ (Working Group on the Protection Process, 2015, paragraph 1.32).

A protection applicant may stay in direct provision accommodation until ‘such times as they are granted some form of status and move into the community, leave the State voluntarily or are removed’ (Working Group on the Protection Process, 2015, paragraph 1.30).

Table 6 below shows the reception conditions for international protection applicants in Ireland.

21Pol i cy conte xt

TABLE 6 RECEPTION CONDITIONS AND ENTITLEMENTS FOR APPLICANTS FOR INTERNATIONAL PROTECTION IN IRELAND

Area Reception conditions and entitlements

Accommodation

A protection applicant may stay in direct provision accommodation

until ‘such times as they are granted some form of status and move into the community, leave the State voluntarily or are removed’.

Residents are provided with accommodation on a full board basis and related facilities (including toiletries etc). The weekly allowance referred to below is provided to meet incidental expenses.43

Employment

Protection applicants may not access the labour market. The

prohibition on access to the labour market is set out in Section 16(3) of the International Protection Act 2015.

On 30 May 2017, in the case NVH v. Minister for Justice and Equality, the Supreme Court ruled ‘that in circumstances where there is no

temporal limit on the asylum process, then the absolute prohibition on seeking of employment’ as set out in the 1996 Refugee Act (and replicated in the International Protection Act 2015) ‘is contrary to the

constitutional right to seek employment.44 _{The matter was adjourned}

for six months to allow the legislature consider how to address the situation.45

Education

Protection applicants of school-going age are entitled to attend primary and/or secondary school. Children under 16 years of age are obliged to participate in primary education. This entitlement flows from the Education (Welfare) Act 2000 in conjunction with the Equal Status Acts 2000–2004.

Following the recommendations of the Working Group on the Protection Process, in June 2016 the Department of Education and Skills extended supports for third level and post-Leaving Certificate courses to persons who are protection applicants or are at the leave to remain stage if they have been in the Irish school system for five years or more and satisfy the relevant academic and other eligibility criteria (Department of Justice and Equality, 2017b). These supports were first introduced in September 2015 (Department of Education and Skills, 2015a).

Welfare A weekly direct provision payment of €19.10 for adults and €15.60 for children is paid to residents of direct provision centres.

43 _{Irish Naturalisation and Immigration Service, Reception and Integration Agency, June 2017.}

44_{N.V.H. v. Minister for Justice and Equality [2017] IESC 35. Case summary is available at www.emn.ie.} 45_{‘Supreme Court ruling on ban on asylum seekers looking for work’, 2016 News, www.emn.ie.}

Residents can also apply for ‘exceptional needs payments’ to cover

once-off needs (for example, a buggy for a new baby or assistance for children doing out-of-school activities, such as sports or school trips). Clothing payments issue from the Community Welfare Service of the Department of Social Protection. The payment is part of the

exceptional needs payment structure of social welfare and is discretionary.

In addition, the Back-to-school Clothing and Footwear Allowance is made available once a year to children in full-time education.

Health

Applicants for international protection receive a medical card (not subject to a means test if residing in direct provision

accommodation), which provides access to public medical services in the State, including primary care. This flows from the Health Act 1970.46

The Report on improvements to the protection process notes that at the time of the writing of the report, an estimated 9% of persons within the protection system were at the deportation stage. An estimated 80% of this group were living in direct provision accommodation (Working Group on the Protection Process, 2015, paragraph 3.73).47

46_{Persons who are ‘ordinarily resident’ in the State and who fulfil a means test are entitled to a medical card.}

47 _{The total was an estimated 718 persons, of whom 577 resided in direct provision centres. The remaining 1 41}

were reporting to the Garda National Immigration Bureau (GNIB). The GNIB does not distinguish in its figures between former protection applicants and other illegal immigrants with deportation orders. The figure of 141 is an estimated 60% share of the total number of persons signing on with the GNIB (paragraph 3.87). However, the number of persons with deportation orders and not signing on with the GNIB was unknown.

23Proce ss to re turn re je cte d asyl um se e ke rs i n Ire l and